关键词: 独创性 利益平衡 额头流汗 作者意图 邻接权 ,

Abstract: Intellectual efforts must have the “orginality” as defitied by copyright law in order to become a protected piece of work. This article conducts research on the “copyrightability” of the Collation of ancient chinese prose to explore a reasonable protection mode of such works. Based on the analysis of copyright law, this article identifies Collation of ancient chinese prose as an independent intellectual effort, but its results do not satisfy the “creativity” component as required by copyright law. In addition, out of the public policy considerations of balancing interests and promoting information freedom and cultural prosperity, the results of the Collation of ancient chinese prose should be excluded from the scope of protection by the copyright law because of them mixing expression of facts with the restoration of facts. Collation of Ancient Chinese Prose is auxiliary labor, and the result is a non-creative labor product based on auxiliary work. The publishing organization invests a lot of manpower, material resources, financial resources and other costs in organizing the Collation of ancient chinese prose, so the results of the Collation of ancient chinese prose and its investors may consider protection through neighboring right.